The Uniform Commercial Code Meets the Seventh Amendment: the Demise of Jury Trials Under Article 5?

42 Pages Posted: 15 Sep 2008

See all articles by Margaret L. Moses

Margaret L. Moses

Loyola University Chicago School of Law

Abstract

This Article will examine the right to a jury trial in a letter of credit case, and whether revised section 5-108(e) of the Uniform Commercial Code violates that right. It will consider the historical use of jury trials in letter of credit cases, and will examine the constitutional implication of revised section 5-108(e), both with respect to the Seventh Amendment and state constitutional law.

The policies and goals underlying revised section 5-108(e) will be considered, as well as the drafters' proffered justifications for assigning to the court in this subsection questions of fact normally decided by juries. The Article concludes that revised section 5-108(e) unconstitutionally abridges the jury's role both in deciding disputed factual issues and in drawing inferences from the evidence. It also concludes that even assuming no constitutional defect, the proposed revision will not promote the stated goals of efficiency, predictability, speed, and uniformity.

Keywords: uniform commercial code, seventh amendment

JEL Classification: G41

Suggested Citation

Moses, Margaret L., The Uniform Commercial Code Meets the Seventh Amendment: the Demise of Jury Trials Under Article 5?. Indiana Law Journal, Vol. 72, pg. 681, 1997, Available at SSRN: https://ssrn.com/abstract=1098356

Margaret L. Moses (Contact Author)

Loyola University Chicago School of Law ( email )

25 E. Pearson
Chicago, IL 60611
United States
312-915-6430 (Phone)
847-475-8984 (Fax)

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